Jerry Goldfeder column on preserving the rule of law.

I’m following the fascinating German election, which takes place tomorrow, closely. One of the intriguing issues is how the role of the small parties, and the 5% threshold for a party to win any seats, will affect the ability to… Continue reading

NYT: Elon Musk’s super PAC is back. Mr. Musk, the country’s largest donor during the 2024 election, is returning to campaigns by funding a new effort to help elect Brad Schimel, the conservative candidate for the Wisconsin Supreme Court.… Continue reading

To whet your appetite for tomorrow’s symposium on “Election Law in a Misaligned America”, a preview “Law and Democracy” podcast with Nick Stephanopoulos is available on YouTube and Apple Podcasts. It’s an informative conversation, which I plan to… Continue reading

Announcement: The UA Little Rock William H. Bowen School of Law, in partnership with the University of Arkansas Clinton School of Public Service and Clinton Presidential Center, will host the 2025 Arnold Lecture and Symposium on Feb. 20,… Continue reading

Politico: It’s the Elon Musk paradox. On X, he’s a noble gladiator with a mission direct from President Donald Trump. He brags at length about using his “Department of Government Efficiency” to dismantle federal bureaucracies, cancel taxpayer-funded programs and transform… Continue reading

I have posted this new article at SSRN. Here is the abstract: Few Americans are happy with the state of American democracy. Our political institutions appear dysfunctional and our political culture more generally has become increasingly toxic and tribalistic.  To… Continue reading

This 60-minutes segment on how Germany criminalizes offensive speech on the internet is worth a view:

Trevor Morrison and I have published this essay in the NYT today on a question many people are asking. The NYT gave us a lot of space, given the importance of the issue, which makes excerpting the piece difficult. Here… Continue reading

This recent polling data will come as a surprise to many. Like many of the “new right” parties in Europe, the AfD began as an anti-immigration party. Its support began to rise in direct response to Angela Merkel’s decision in… Continue reading

As part of its mini-series of episodes previewing the symposium on Nick Stephanopoulos’s book Aligning Election Law, the Law & Democracy podcast invited Rick Pildes, who will be participating in the symposium, to provide some preliminary thoughts on Nick’s book… Continue reading

Over at Common Ground Democracy, I’ve posted “The Senate Has Surrendered Its Constitutional Responsibilities,” explaining that the existing electoral system has caused the Senate to fail in its constitutional role of thwarting presidential despotism and “electoral reform can… Continue reading

The Ohio State Law Journal is hosting a symposium focused on Nick Stephanopoulos’s important new book Aligning Election Law. It’s next Friday, February 21. It’s got a great lineup of presenters, including Nick’s keynote and follow-up conversation with my Ohio… Continue reading

Axios: Since President Trump began his political career in 2015, the number of media and defamation lawsuits involving him or his businesses as either the plaintiff or defendant quadrupled compared to the prior three decades, according to an Axios analysis… Continue reading